P.D. Rajan, J.

1. Revision petitioner was convicted by the Judicial First Class Magistrate Court, Tirur under Sections 279, 337 and 304(A) IPC and sentenced to undergo rigorous imprisonment for different periods and also directed to pay fine under the aforesaid sections. The substantive sentences were ordered to run concurrently. An appeal filed was partly allowed by the Additional Sessions Judge, Manjeri, confirming the conviction passed by the trial court but, modified the sentence of rigorous imprisonment into simple imprisonment. Challenging the said judgments this criminal revision petition has been preferred. The prosecution case is that on 05.08.1994, at about 1 a.m., the revision petitioner was driving a jeep, KEV. 6050, in rash and negligent manner along the Kuttippuram-Valanchery public road. When the vehicle reached at Karinkapara, it collided against an auto-rickshaw No. KL-10A-6681, as a result, the passengers of the auto-rickshaw sustained serious injuries and one Suresh Babu, who was travelling in the auto-rickshaw succumbed to the injuries. On the basis of the information A.S.I. of police, Kuttippuram, registered a Crime No. 75/94 under Sections 279, 337 and 3